Polite v. State

Darius Jamine Polite timely appeals his convictions by jury verdict for burglary of a dwelling with an assault or battery, robbery with a firearm, aggravated assault with a firearm and possession of a firearm by a convicted felon.1 Polite contends: (1) that the trial court improperly admitted the victim’s written statement into evidence because the predicate for past recollection recorded was not established; (2) that the court improperly admitted evidence of the victim’s out-of-court identification of Polite from a photo line-up, because the State did not question the victim about the…